Materials


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MATERIALS. Everything of which anything is made.
     2. When materials are furnished to a workman he is bound to use them according to his contract, as a tailor is bound to employ the cloth I furnish him with, to make me a coat that shall fit me, for if he so make it that I cannot wear it, it is not a proper employment of the materials. But if the undertaker use ordinary skill and care, he will not be responsible, although the materials may be injured; as, if a gem be delivered to a jeweler, and it is broken without any unskillfulness, negligence or rashness of the artisan, he will not be liable. Poth. Louage, n. 428.
     3. The workman is to use ordinary diligence in the care of the materials entrusted with him, or to exercise that caution which a prudent man takes of his own affairs, and he is also bound to preserve them from any unexpected danger to which they may be exposed. 1 Gow. R. 30; 1 Camp. 138.
     4. When there is no special contract between the parties, and the materials perish while in the possession of the workman or undertaker, without his default, either by inevitable casualty, by internal defect, by superior force, by robbery or by any peril not guarded against by ordinary diligence, he is not responsible. This is the case only when the material belongs to the employer and the workman only undertakes to put his work upon it. But a distinction must be observed in the case when the employer has engaged a workman to make him an article out of his own materials, for in that case the employer has no property in it, until the work be completed, and the article be delivered to him; if, in the mean time, the thing perishes, it is the loss of the workman, who is wholly its owner, according to the maxim res perit domino. In the former case the employer is the owner; in the latter the workman; in the first case it is a bailment, in the second a sale of the thing in futuro. Domat. B. 1, t. 4, Sec. 7, n. 3; Id. B. 1, t. 4, Sec. 8, n. 10.
     5. Another distinction must be made in the case when the thing given by the employer was to become the property of the workman, and an article was to be made out of similar materials, and before its completion it perished. In this case the title to the thing having passed to the workman, the loss must be his. 1 Blackf. 353; 7 Cowen, 752, 756, note; 21 Wend. 85; 3 Mason, 478; Dig. 19, 2, 31; 1 Bouv. Inst. 1006-7.
     6. In some of the states by their laws persons who furnish materials for the construction of a building, have a lien against such building for the payment of the value of such materials. See Lien of Mechanics.

References in classic literature ?
Continually, as we may express it, he faded away out of his place; or, in other words, his mind and consciousness took their departure, leaving his wasted, gray, and melancholy figure--a substantial emptiness, a material ghost--to occupy his seat at table.
This envelope had the air of an official record of some period long past, when clerks engrossed their stiff and formal chirography on more substantial materials than at present.
The scantiness of materials is indeed a formidable difficulty; but no one knows better than Dr Dryasdust, that to those deeply read in antiquity, hints concerning the private life of our ancestors lie scattered through the pages of our various historians, bearing, indeed, a slender proportion to the other matters of which they treat, but still, when collected together, sufficient to throw considerable light upon the vie priv
A second and more practical, but less systematic, form of this Socialism sought to depreciate every revolutionary movement in the eyes of the working class, by showing that no mere political reform, but only a change in the material conditions of existence, in economic relations, could be of any advantage to them.
For instance, the building materials used in various ages can afford their own lessons to understanding eyes.
But let us pass from this part of predictions (concerning which, nevertheless, more light may be taken from that which followeth); and let us speak first, of the materials of seditions; then of the motives of them; and thirdly of the remedies.
When the artist has arranged his materials with an eye to just proportion--the small and the large flakes in alternate rows, and separated by carefully- considered intervals--I know of nothing more cheerful to look upon than a spirited Syrian fresco.
But," cried the tailor, in triumph, "what you do not know, monseigneur – prince of the church though you are - what nobody will know - what only the king, Mademoiselle de la Valliere, and myself do know, is the color of the materials and nature of the ornaments, and the cut, the
Their short and simple annals could be eked out by confidences which would not appreciably enrich the materials of the literary history of their time, and it seems better to leave them to the imagination of such posterity as they may reach.
She led the way into a sort of parlor behind the "bar," placed writing materials on the table, looked at my companion as only one woman can look at another under certain circumstances, and left us by ourselves.
A WISE and illustrious Writer of Fables was visiting a travelling menagerie with a view to collecting literary materials.
She was ready to accept any thing proposed, provided the writing materials were supplied first.

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